Why Competence Became a Training Issue

The profession’s focus on training is understandable.

Historically, competence and professional development have been closely linked. Regulatory requirements often focused on learning activity, training programmes and continuing professional development hours.

As a result, many organisations naturally placed responsibility for competence within learning and development functions.

When competence concerns emerged, common responses included:

• additional training
• refresher courses
• mandatory learning programmes
• increased CPD requirements

These interventions frequently provided value.

However, over time an assumption developed:

If training is delivered, competence is being managed.

That assumption is now being questioned.

The Limits of a Training-Led Approach

Training plays an important role in professional development.

It helps individuals acquire knowledge, develop skills and remain aware of changing requirements.

The challenge is that competence is demonstrated in practice, not in a classroom.

An individual may:

• complete training
• attend workshops
• participate in webinars
• achieve excellent assessment results

and still struggle to apply learning effectively within a professional environment.

Competence ultimately depends on performance, judgement and behaviour.

These factors are influenced by many things beyond formal learning.

The People Who Influence Competence Most

If competence is not created solely through training, where does it develop?

In practice, competence is shaped every day through:

• supervision
• feedback
• workplace experience
• professional discussion
• mentoring
• performance management
• exposure to challenging work

Consider a newly qualified solicitor.

The quality of supervision they receive during their first year of practice may have a greater influence on competence than any individual training programme.

Similarly, experienced practitioners often develop capability through exposure to complex situations, peer discussions and professional judgement rather than through formal learning alone.

This does not diminish the value of training.

It simply places training within a wider competence system.

Why Regulators Are Looking Beyond Learning Activity

Recent discussions around continuing competence suggest a growing interest in outcomes rather than inputs.

The question is gradually changing.

Historically, organisations were often asked:

“What development activity has taken place?”

Increasingly, the more relevant question is:

“How is competence being maintained?”

These are not the same thing.

One focuses on activity.

The other focuses on capability.

This shift naturally broadens the conversation beyond learning and development functions alone.

Competence Is a Management Issue

One consequence of this shift is that competence increasingly becomes a management responsibility.

Managers and supervisors are often the people best placed to identify:

• emerging capability gaps
• performance concerns
• development needs
• supervision requirements
• professional strengths

They observe competence in practice.

Learning and development teams can support competence development, but they rarely see day-to-day performance.

This means competence cannot be delegated entirely to training departments.

Effective competence management requires active involvement from those responsible for leading and supervising professional work.

Competence Is Also a Governance Issue

The implications extend even further.

If competence influences:

• client outcomes
• regulatory compliance
• professional standards
• risk management
• service quality

then competence becomes a governance consideration as well.

Most firms already maintain governance arrangements for areas such as:

• finance
• compliance
• information security
• operational risk

Competence increasingly deserves similar attention because it directly affects organisational performance and resilience.

This is one of the reasons the concept of competence governance is gaining prominence.

What Changes When Firms Rethink Competence?

When organisations stop viewing competence purely as a training issue, several things begin to change.

The focus shifts from:

Traditional View	Emerging View
Training delivery	Competence assurance
Learning activity	Professional capability
Attendance records	Evidence of competence
Annual reviews	Ongoing oversight
L&D ownership	Shared organisational responsibility

This broader perspective often creates stronger development outcomes and greater organisational confidence.

Key Takeaways

Competence Governance Series – CG005

• Competence has traditionally been managed through learning and development activities.
• Training supports competence but does not create competence on its own.
• Supervision, feedback, experience and performance management play a critical role in capability development.
• Regulators are increasingly interested in competence outcomes rather than learning activity.
• Competence should be viewed as a management responsibility as well as a development responsibility.
• Competence is increasingly becoming a governance and organisational capability issue.

Conclusion

The legal profession has long relied on training as the primary mechanism for supporting continuing competence.

While training remains important, it is becoming increasingly clear that competence cannot be understood or managed through learning activity alone.

Competence develops through a combination of supervision, experience, reflection, feedback and professional practice. It is influenced by the systems, processes and leadership structures that surround professional work.

For firms, the challenge is no longer simply delivering development activity. It is creating an environment in which competence can be supported, evidenced and maintained over time.

That is a significantly broader responsibility than training alone.

Next Steps

If your organisation currently views competence primarily through a learning and development lens, consider which other systems contribute to professional capability. The answer may reveal opportunities to strengthen both competence assurance and organisational performance.